Version from November 23rd 2019
The website www.cherrycheckout.com is published and edited by Cherry Checkout SA with a share capital of 115'000 CHF, whose head office is located at Route Cantonale de Sierre Montana 17, CH-3975 Randogne, SWITZERLAND and registered under the identification number CHE-406.726.468
Director of the publication: Jérémy Grandjean
For any information, questions, requests, comments or others, please contact the Organizer using one of the means following:
E-Commerce Partners should not be contacted for questions about contests or donations.
These general conditions of sale ("GTCS") form an integral part of the contract between Cherry Checkout SA ("Cherry Checkout") and the Customer who places an order (the "Customer"). By placing an order, the Customer confirms that he has read, understood and accepted the General Terms and Conditions without reservation.
Cherry Checkout may change the Terms and Conditions at any time. The version of the GTCS published on the Site at the time of the order is authentic. In case of differences between the GTCS and any special conditions mentioned on the order confirmation, the latter will prevail.
Capitalized terms are defined in Part 2. Definitions below.
Basket - the virtual basket in which an Eligible Item and the Cherry Checkout option may be added to the Partner Site.
Charity - the charity chosen by the work partners. The list of charities is available on www.cherrycheckout.com.
Cherry Checkout Option - The Cherry Checkout option added directly to www.cherrycheckout.com or to Eligible Items on any of the Partner Sites.
Eligible Article - Article or services purchased on one of the Partner Sites.
Winner - Participant correctly answering the Question and / or designated as part of the Random Selection.
Ways of Participating - has the meaning given in section 9. Eligibility Rules.
Login - Username, first name, or email prefix.
Organizer - has the meaning given in section 1. Introduction.
Partner Sites - has the meaning given in section 1. Introduction. The list of Partner Sites is available on www.cherrycheckout.com.
Participant - has the meaning given in section 9. Eligibility Rules
Persons - has the meaning given in section 9. Eligibility Rules
Gains - has the meaning given in section 13.
Contest - has the meaning given in section 1. Introduction to know a lottery based advertising or quizzes without purchase obligations on a random mechanism to determine the single winner that will consist of a random draw possibly associated with a Question of knowledge.
Random Selection - process used by the Organizer to randomly and fairly determine the Winner of a Contest.
Question - the question that may be asked to participate in the Contest.
Participation - has the meaning given in section 10.
Rules of the game - this regulation.
Minor - person under 18 years of age
User Name - The username of the person registered on the Partner Site when participating in the Contest.
Business Day - Every day from Monday to Friday, excluding Saturdays, holidays and holidays.
Date of sending of the Email to the Winner - Date on which the Organizer announces the winner by email to the email address provided by the Participant.
To place an order, the Customer must create an account on the site. The Customer is solely responsible for the accuracy and completeness of the data it provides and must communicate any changes by updating its account, in particular, its telephone number, e-mail and billing address. . Any communication made by e-mail to the Customer to the address indicated in his account will be considered validly received by the Customer.
The Customer is responsible for the use of his account and the security of his password. The Customer is responsible for all orders placed, even without his knowledge, through his account. If the Customer suspects that a third party has undue access to his account, he must immediately change his password and inform Cherry Checkout.
The personal data of the Clients are processed in accordance with the Swiss regulations on data protection policy.
By placing an order within the means accepted by Cherry Checkout, the Customer makes a firm and definitive offer to make a donation on the conditions indicated.
Although Cherry Checkout strives to provide as complete and up-to-date information as possible, information from the website or any other communication channel used by Cherry Checkout (in particular description of offers, photos, prices and available stocks) is given for information only. They are not an offer from Cherry Checkout and may be changed at any time. Only the order confirmation is valid.
Any offer from the Customer is subject to prior payment of the full prize by means accepted by Cherry Checkout. Since payments are processed by financial intermediaries, the customer's bank details are never processed by Cherry Checkout.
Cherry Checkout confirms the acceptance of the order by e-mail, being able to refuse an order without having to justify it.
Donations received by Cherry Checkout can not give rise to any right of withdrawal and reimbursement of the sum paid.
The data recorded by Cherry Checkout, respectively by the financial intermediaries, are irrefutable proof of orders, respectively financial transactions.
All deliveries will be made electronically to the Customer's account as indicated by the Customer. Cherry Checkout may at any time cancel an undelivered order, without giving reasons and without compensation, provided that the Customer is immediately notified.
In agreements with the various e-commerce partners offering their voucher services, a commission of up to 10% of the donations can be taken from donations by the Organizer, to finance transaction fees and services.
In all cases, a minimum of 90% of the value of each donation and Option Cherry Checkout will be donated to a charity chosen by the Client. The list of Charities is available on www.cherrycheckout.com.
Only Swiss law is applicable to any dispute to which Cherry Checkout may be a party.
Any dispute shall be brought exclusively before the competent court of the Canton of Valais, subject to appeal to the Swiss Federal Court.
Cherry Checkout ("the Organizer") organizes contests and sweepstakes (hereinafter the "Contest") for charitable purposes, based on a random process, allowing 'offer a Gain to a Contest Participant.
The Contest is accessible in a paid or free way for the Participant, incidentally to the purchase of a good or a service on an e-commerce site.
The Competition is organized in partnership with e-commerce sites ("Partner Sites" or "Partners").
Participation in the Contest may not give rise to a right of withdrawal (see section 11).
The present rules of games ("Rules of games") apply to all competitions ("Contest") made in collaboration on the site www.cherrycheckout.com or with its Partners. It is made available to Participants on www.cherrycheckout.com where it is directly available.
The Rules of Play is opposable to the Participant who recognizes, by clicking on the button to add the option to have known and accept it before playing. As such, Entrants agree to be bound by the articles defined in these Game Rules.
The Participant at registration can download the Game Rules in pdf format on a durable medium. The Game Rules are sent free of charge to any person who makes a request to the Organizer at info@cherrycheckout.com.
Contests are open to any individual ( "Person (s)") for a personal way to use each gambling operation being placed under the sole responsibility of the Participant.
Minor Persons, employees or collaborators of the Partner or the Organizer are not allowed to participate in a Competition.
The Organizer has the right to ask any Person to provide certain documents attesting his age or his identity. Each Participant must ensure that he / she is authorized to enter the Contest according to the applicable legislation. The Organizer has no obligation to verify.
Contest Persons are considered "Entrant (s)", regardless of how they participate.
To enter the Contest using the Standard Entry, the Entrant must:
or
Participation in the Contest can be done free of charge, with no obligation to purchase, by following the following steps:
Limits of participation in the Contests and protection to the addiction to the contests:
Participants purchase the Cherry Checkout option by making a donation ranging from CHF 1-10 / € / £.
The Participant is solely responsible for the payment of the Cherry Checkout option and the provision to the Partner of a valid means of payment for the payment of all sums due.
The sums collected by the Organizer can not give rise to any right of withdrawal in the event of distance selling and reimbursement of the sum paid.
This rule also applies to Participants accessing the Cherry Checkout option on Partner sites in the European Union. As a participation in Contests that constitute promotional lotteries, the sums collected by the Organizer can not give rise to any right of withdrawal in the event of distance selling and reimbursement of the amount paid on the basis of art.3.3. .C directive 2011/83 on consumer rights & art. L.121-16-1 3 ° French Consumer Code in particular.
Any financial participation in the Contest is therefore final without prejudice to the possible right of withdrawal of the Participant for the purchase of the Eligible Item. The Participant is invited to contact the Partner Website directly to claim any right of withdrawal.
Once 50 Participants have been reached, only one winner ("Winner") will be randomly selected by random draw only.
Cherry Checkout reserves the right, for advertising purposes, to select a Winner before the limit of 50 participants is reached.
The Prize awarded to the Winner corresponds to the value of the voucher selected by the Winner on the Partner Site. Only one (1) Gain per Contest will be awarded for a maximum amount of 100 € / CHF / £, the costs of making the Gain available not being borne by the Participant.
Winners will receive their winnings from their available customer account by logging into their account at www.cherrycheckout.com . The currency is based on the currency of the donation made during the participation.
Winners will be informed of their success for a Contest by email and SMS (if the participant has entered their phone number) sent by the Organizer to the email address specified in their account on the Partner Site within 14 working days after the competition. The Winner has 90 calendar days from the date of sending the Email to the Winner to contact the Organizer by email and provide the required information and details. The Organizer is not obliged to send an email to the losers.
The Organizer will verify the Winner's personal data. If the Winner's information is incomplete, false or can not be verified, the Organizer has no obligation to attribute the Win.
The Organizer reserves the right to request proof of the Winner's identity in the form of a passport, identity card or driver's license and proof of address of residence in the form of an electricity bill. In the event that the Winner can not provide the Organizer with reasonably acceptable proof of identity, the Gain may not be awarded.
If a Winner does not comply with these Game Rules, the Organizer may disqualify that Person and may not award the Win or request a refund of the Win if it has already been awarded.
Following the verification of the Winner's personal data by the Organizer, the Organizer will issue the Gain within a maximum of 90 calendar days.
Any tax resulting from the delivery of the awarded Gain will be the responsibility of the Winner. In case of doubt, the Winner is advised to seek independent financial advice before accepting the Gain.
If after 90 Calendar Days after the E-mailing Date to the Winner, the Winner has not provided the information and details required by the Organizer, regardless of the reason given by the Participant, the Organizer has not no obligation to award the Lot and may return the Gain to a charity.
Unless otherwise stated in these Rules, the Privacy Policy of the Organizer is available at www.cherrycheckout.com.
Switzerland, as the recipient country of data outside the European Union, provides an adequate level of protection according to the decision of the European Commission (2000/518 / EC: Decision of 26 July 2000 on the finding of adequacy the protection of personal data in Switzerland).
The Participant has at any time the right to access, modify, rectify and delete personal data concerning him by contacting the Organizer at the address: info@cherrycheckout.com.
Participants agree that their data, stored on the Partner Site at the time of participation in the Contest should be transferred to the Organizer by Partners.
Entrants also agree that the value of the Eligible Item and the price of the Cherry Checkout Option are communicated to the Organizer by Partners.
The organizer has the right to use the customer data for his own purpose.
The Organizer and the Partners have the right to publicly announce and communicate Username winner without him receiving remuneration, right or benefit other than the allocation of its endowment.
If for any reason the Contest can not proceed as expected, including, but not limited to, for technical problems, unauthorized intervention, computer virus, fraud, unfair behavior or at the fault of the Partner or any other cause beyond the control of the Organizer, which could affect the management, security, justice, integrity or conduct of the Contest, the Organizer reserves the right to cancel, terminate, modify or suspend the Contest and / or disqualify any Person who (directly or indirectly) causes (or has caused) such a problem.
The Organizer may terminate a Contest at any time, in its absolute discretion, without any liability to any Participant, Partner or any Person, subject only to the possible completion of the Contest initiated and the issuance of the Gain when this remains possible.
The Organizer reserves the right to modify these Rules at any time. In case of modification of these Rules, the applicable version is the one in effect on the date of the Participant's acceptance of which a copy dated to date may be given to the Participant at his request.
If any provision of these Gaming Regulations is declared invalid by a court or other competent authority, such decision shall not affect the validity of the other provisions of these Gaming Rules.
The elements reproduced on the site www.cherrycheckout.com and its modules, are the exclusive property of the Organizer and its business partners, they are protected by copyright, trademark law and possibly patent law.
Any reproduction and distribution of these elements, without the prior written authorization of the Organizer, expose the offenders to legal proceedings.
The Participant is solely responsible for the confidentiality, security and all operations performed through the Cherry Checkout option from its fixed or mobile terminal. He agrees to immediately notify the Organizer of any breach of security and / or confidentiality. The Organizer can not be held responsible for any loss resulting from unauthorized use of the Cherry Checkout option by the Participant.
As a seller of the Eligible Article, the Partner is solely responsible for the entire sales process relating to it. Any claim and warranty claim relating to the Eligible Item must be sent to the Partner. The Participant can not in any case seek the responsibility of the Organizer for the Eligible Item, which is apparently defective, dangerous, undelivered or does not correspond to the Participant's order.
The Organizer can not be held liable in the event of non-performance or improper performance of these Rules, due either to the fact of the Participant himself, or to the fact of a third party and / or the Partner, or to force majeure.
The present Gaming Regulations are subject to Swiss law.
Except in the case of public policy, in the event of any dispute relating to these Rules, even in an emergency, the place of jurisdiction shall be the place of the Court of First Instance of the Canton of Valais (SWITZERLAND).
In the event of any discrepancy between the French and English versions of the Game Rules, the French version will prevail.
The Organizer is solely competent for the interpretation, implementation or execution of these Rules, the participants and the Organizer undertake to attempt to amicably resolve any dispute that arises on the occasion of this Regulations.
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